Agenda item

Erection of single storey restaurant (Class A3) with associated parking and refuse store [Skelton, Rawcliffe, Clifton Without Ward] [Site Visit].

Members considered a full application, submitted by LTGP Limited Partnership for the erection of a single storey restaurant (Class A3) with associated parking and refuse store.

The Officer updated that the Environmental Protection Officer had no objections to the proposed scheme. There would be an additional condition regarding lighting, and amendment to condition 3 (following comments from the City of York Police Architectural Liaison Officer) and six more highway conditions to add if Members were minded to approve the application. A letter from the City of York Police Architectural Liaison Officer was circulated by the Officer at the meeting which made the following points:

·        No objections to the application

·        Asks for confirmation that the restaurant will close at 10pm Monday to Friday and Sundays and 11pm on Saturday only

·        Supports the requirement for an appropriate CCTV system

·        That the building and parking areas should comply with the principles of Secure by Design

Representations were received, in objection, from a local resident who raised concerns about the following:

·        The proposed site for a restaurant was too close to local residences

·        Existing roads were not adequate enough to carry the extra traffic the restaurant would create

·        There were empty units available on this site

·        There were already 6 food outlets on Clifton Moor

·        There would be noise from extraction fans and customers and staff leaving the premises

·        There has been anti-social behaviour in this area in the past

·        Lighting will disturb local residents

·        The proposed waste store is too close to residences

Representations, in support, were received from the Applicant’s agent who said the proposed restaurant would provide a complementary service use to the existing retail and leisure development at Clifton Moor. City of York Council’s Highway Officers were satisfied with the expected traffic generation contained within the submitted Transport Assessment and considered that there would be no material impact on the highway network. She also stated that the Environmental Protection Unit had no objections to the proposed development. The Applicant’s agent felt that the design of the building could be accommodated on the site without detracting from the visual amenity of the area.

Representations, in objection, were received from Rawcliffe Parish Council who said that the proposed development would be out of keeping with the surrounding units. The restaurant would back onto residential properties and the residents would be disturbed by diners leaving the premises, the clearing up process (including the emptying of bottles into bottle banks) and delivery vehicles. The car park in this area was often full and no overflow car park had been planned.

Members discussed the following points in relation to the application:

·        The roofline of the existing building at Clifton Moor

·        Designated parking spaces for staff

·        The proposed building would take up current car parking spaces

·        Noise and its effect on local residents

·        Traffic issues

·        Location of the refuse store

·        Impact on local residents

·        Previous anti-social behaviour in the area

Councillor Cregan requested that his vote against refusal of the application be recorded in the minutes.

RESOLVED:             That the application be refused.

REASON:                  It is considered that the proposal would constitute an unneighbourly form of development resulting in loss of amenity to the occupiers of adjacent residential properties by virtue of its proximity to those properties, the location of the refuse store and delivery area and the additional activity that would be likely to be generated late into the evening.